Here are the some of the significant developments in the Delhi High Court from the past week..Monday, April 18.National Herald-Take II.Congress leaders made an appearance at the High Court again when they filed petitions challenging a trial court’s order that had allowed Subramanian Swamy’s plea of summoning documents from various Ministries as evidence in the National Herald case..On previous occasions, appearing for the Congress leaders, Senior Advocate Rebecca John had argued that the trial court had not issued notice to the Petitioners, nor had there been any ‘application of mind’ in the trial court’s order..Swamy responded by stating that there was no provision in criminal law that required for a hearing of the Petitioners before the documents are produced..After considering submissions made by various senior counsel appearing for Motilal Vora, Oscar Fernandes, Sam Pitroda and Suman Dubey, Justice PS Teji reserved orders..Odd-Even Fallout- Uber, Ola pulled up for surge rates.No sooner had the Delhi Government announced the second phase of its Odd-Even Scheme, a petition was filed in the High Court alleging that the taxi aggregators were over-charging customers, and applying arbitrary ‘surge’ rates during the scheme..Justice JR Midha did not mince words while directing the Government to file its reply in the issue. While the Court sought for the Delhi Government’s response, on the very same day Delhi CM Arvind Kejriwal issued a strong reprimand to the companies and threatened to impound their vehicles if the fare charged was more than the prescribed limit by the government..Uber Delhi complied with this and decided to suspend its surge pricing with “immediate effect.” .Tuesday, April 19.2nd Challenge to Odd-Even Phase 2.The flagship Scheme of the Delhi Government received much flak in the High Court during its previous innings. However, the Court had refused to interfere in the operation of the Scheme..After the second phase of the Scheme was put to place since April 15, another petition came up in the High Court with DHCBA President Rajiv Khosla challenging the phase of Odd-Even Scheme’s applicability to lawyers. The Bench issued notice to the Delhi Government and posted the case for hearing on April 25..Order reserved on Virbhadra Singh’s DA plea.After Himachal Pradesh Chief Minister Virbhadra Singh had approached the High Court against the CBI, this time his children knocked the doors of the Court when they filed petitions seeking quashing of a provisional order of Enforcement Directorate (ED) to attach some of their assets under the Prevention of Money Laundering Act (PMLA)..Senior Advocate Amit Sibal informed the Court that the order had been issued without the children having any involvement in the disproportionate assets case..Responding to this, ASG Sanjay Jain submitted that the ED order was merely provisional in nature till the proceedings were pending and Singh’s children could enjoy possession of the property..After hearing submissions of both sides, the Bench said that it will dictate its orders on April 26..Friday, April 22.Petition assails DJS 2015 answer key.The petition challenging last year’s Delhi Judicial Services came up for hearing this week. While the High Court has filed its reply in the case, the Division Bench of Justices Sanjiv Khanna & Najmi Waziri has posted the case for final arguments on Monday, April 25..From the IPR coverage.1. Agastya Mihir R Dalmia & Anr v Rakesh Kumar.Plaintiffs stated that they were owners of the registered trademark ‘Keventers’ and sought an order from the Court restraining the defendant from manufacturing similar dairy products; with the exception of using the term ‘ATS’ in their goods. The Bench restrained the defendants from using the mark of Keventers and allowed the limited relief of using the term ‘ATS’.
Here are the some of the significant developments in the Delhi High Court from the past week..Monday, April 18.National Herald-Take II.Congress leaders made an appearance at the High Court again when they filed petitions challenging a trial court’s order that had allowed Subramanian Swamy’s plea of summoning documents from various Ministries as evidence in the National Herald case..On previous occasions, appearing for the Congress leaders, Senior Advocate Rebecca John had argued that the trial court had not issued notice to the Petitioners, nor had there been any ‘application of mind’ in the trial court’s order..Swamy responded by stating that there was no provision in criminal law that required for a hearing of the Petitioners before the documents are produced..After considering submissions made by various senior counsel appearing for Motilal Vora, Oscar Fernandes, Sam Pitroda and Suman Dubey, Justice PS Teji reserved orders..Odd-Even Fallout- Uber, Ola pulled up for surge rates.No sooner had the Delhi Government announced the second phase of its Odd-Even Scheme, a petition was filed in the High Court alleging that the taxi aggregators were over-charging customers, and applying arbitrary ‘surge’ rates during the scheme..Justice JR Midha did not mince words while directing the Government to file its reply in the issue. While the Court sought for the Delhi Government’s response, on the very same day Delhi CM Arvind Kejriwal issued a strong reprimand to the companies and threatened to impound their vehicles if the fare charged was more than the prescribed limit by the government..Uber Delhi complied with this and decided to suspend its surge pricing with “immediate effect.” .Tuesday, April 19.2nd Challenge to Odd-Even Phase 2.The flagship Scheme of the Delhi Government received much flak in the High Court during its previous innings. However, the Court had refused to interfere in the operation of the Scheme..After the second phase of the Scheme was put to place since April 15, another petition came up in the High Court with DHCBA President Rajiv Khosla challenging the phase of Odd-Even Scheme’s applicability to lawyers. The Bench issued notice to the Delhi Government and posted the case for hearing on April 25..Order reserved on Virbhadra Singh’s DA plea.After Himachal Pradesh Chief Minister Virbhadra Singh had approached the High Court against the CBI, this time his children knocked the doors of the Court when they filed petitions seeking quashing of a provisional order of Enforcement Directorate (ED) to attach some of their assets under the Prevention of Money Laundering Act (PMLA)..Senior Advocate Amit Sibal informed the Court that the order had been issued without the children having any involvement in the disproportionate assets case..Responding to this, ASG Sanjay Jain submitted that the ED order was merely provisional in nature till the proceedings were pending and Singh’s children could enjoy possession of the property..After hearing submissions of both sides, the Bench said that it will dictate its orders on April 26..Friday, April 22.Petition assails DJS 2015 answer key.The petition challenging last year’s Delhi Judicial Services came up for hearing this week. While the High Court has filed its reply in the case, the Division Bench of Justices Sanjiv Khanna & Najmi Waziri has posted the case for final arguments on Monday, April 25..From the IPR coverage.1. Agastya Mihir R Dalmia & Anr v Rakesh Kumar.Plaintiffs stated that they were owners of the registered trademark ‘Keventers’ and sought an order from the Court restraining the defendant from manufacturing similar dairy products; with the exception of using the term ‘ATS’ in their goods. The Bench restrained the defendants from using the mark of Keventers and allowed the limited relief of using the term ‘ATS’.
